Supreme Court – Daily Orders
Binoof Khan vs The State Of Kerala on 5 May, 2025
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOs. OF 2025
(@ Special Leave Petition (Crl.) Nos.2161-2162/2025)
BINOOF KHAN ...APPELLANT(S)
VERSUS
THE STATE OF KERALA ….RESPONDENT(S)
O R D E R
Leave granted.
These appeals challenge the judgment and
order dated 16.12.2024 passed by the High Court of
Kerala at Ernakulam in Bail Application Nos. 7777
and 7778 of 2024.
The appellant has been facing trial in
connection with a crime registered pursuant to FIR
No. 511/2024 dated 04.05.2024 lodged with Medical
College Police Station in respect of offences
Signature Not Verified
Digitally signed by
NEETU SACHDEVA
punishable under Sections 376(2)(f), 376(2)(n) and
Date: 2025.05.05
16:55:06 IST
Reason:
376(3) of the Indian Penal Code, 1860 and Section
1
66E of the Information Technology Act, 2000 and
Sections 8, 7, 4(2), 3(a), 6, 5(l), 5(m), 5(n), 12
and 11(iii) of the Protection of Children from
Sexual Offences Act, 2012 (for short, `POCSO Act,
2012’) and FIR No. 592/2024 dated 29.07.2024
lodged with Police Station Malayinkil in respect
of offences punishable under Sections 4(2) r/w
3(a), 6 r/w 5(l), 5(m), 5(n), 12 r/w 11(i), 11(v)
of the Protection of Children from Sexual Offences
Act, 2012 and Sections 354A(l)(iii), 376, 376(2)
(f)(n), 376AB of the Indian Penal Code, 1860.
Application(s) seeking regular bail having
been rejected by the High Court vide impugned
order dated 16.12.2024, the appellant has
preferred the instant appeals.
This Court vide its order dated 24.02.2025,
issued notice in the instant matter.
Heard learned counsel for the appellant and
learned counsel for the State and perused the
material on record.
Learned counsel for the appellant drew our
attention to the contents of First Information
2
Report No.511 dated 04.05.2024 and First
Information Report No.592 dated 29.07.2024 to
contend that the allegations against the appellant
herein are not only false but are also vexatious
and frivolous. He submitted that the appellant
has been in jail since 05.05.2024. Although, the
charge sheet has been filed, the trial has not
commenced; that there are as many as twenty one
witnesses to be examined. Having regard to the
frivolous and false allegations made against the
appellant herein for which he is already suffering
incarceration, the appellant may be released on
bail by setting aside the impugned order(s)
subject to the terms and conditions to be imposed
by this Court.
Per contra, learned counsel for the
respondent/State, with reference to his counter
affidavit contended that there are two FIRs
registered against the appellant herein and both
are under the provisions of the POCSO Act, 2012.
The appellant has tendencies which are dangerous
to young victims particularly who are children.
The relief of bail has been rightly rejected by
3
the High Court. There is no merit in these
appeals. Hence the appeals may be dismissed.
Considering the facts on record, in our view,
the case for bail is made out.
We, therefore, allow this appeal and direct
as under:
“The appellant shall be produced before the
concerned trial Court as early as possible
and the trial Court shall release him on
bail, subject to such conditions as it may
deem appropriate to impose to ensure his
presence in the proceedings arising out of
FIR No. 511/2024 and FIR No. 592/2024
mentioned above.”
One of the conditions to be imposed by the
trial court shall also be that the appellant shall
not reside with the complainant/wife of the
appellant and the victims. He shall not make any
contact with them without the permission of the
Special Court.
It is directed that the appellant shall extend
complete cooperation in the trial of the instant
case. The appellant shall not misuse his liberty in
4
any manner.
Any infraction of the conditions shall entail
cancellation of bail granted to the appellant.
With these observations, the criminal appeals
are allowed.
………………………………………J.
[B.V. NAGARATHNA]
NEW DELHI ….……………………………………J.
MAY 05, 2025 [SATISH CHANDRA SHARMA]
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ITEM NO.4 COURT NO.7 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) Nos.2161-2162/2025
[Arising out of impugned final judgment and order dated 16-12-2024
in BA No. 7777/2024, 16-12-2024 in BA No. 7778/2024 passed by the
High Court of Kerala at Ernakulam]BINOOF KHAN Petitioner(s)
VERSUS
THE STATE OF KERALA Respondent(s)
FOR ADMISSION and I.R.
IA No. 36391/2025 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENTDate : 05-05-2025 This matter was called on for hearing today.
CORAM :
HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMAFor Petitioner(s) :Mr. Adolf Mathew, Adv.
Mr. Shishir Pinaki, AOR
For Respondent(s) :Mr. Nishe Rajen Shonker, AOR
Ms. Anu K Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Santhosh K, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The Appeals are allowed in terms of the signed
order.
It is directed that the appellant shall be
produced before the concerned trial Court as early as
possible and the trial Court shall release him on
bail, subject to such conditions as it may deem
appropriate to impose to ensure his presence in the
proceedings arising out of FIR No. 511/2024 and FIR6
No. 592/2024.
Pending application(s) shall stand disposed of.
(NEETU SACHDEVA) (DIVYA BABBAR)
ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file)7
